On February 1, 2008, the Department released the draft final results of redetermination for comment. No party submitted comments by the February 11, 2008, deadline. On March 4, 2008, the Department filed its final results of redetermination pursuant to the CIT's order.See Results of Redetermination on Remand Pursuant to China Kingdom Import Export Co., Ltd. v. United States. In the remand results, pursuant to the CIT's order, the Department recalculated China Kingdom's margin using adverse facts available only to a limited extent. Specifically, the Department only applied adverse facts available to those factors which China Kingdom incorrectly reported in its responses. Therefore, for the remand results, the Department utilized China Kingdom's correctly reported factors in its margin calculation. On September 12, 2008, the CIT issued its judgment affirming the Department's remand results.
On October 17, 2008, consistent with the decision inTimken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified the public that the CIT's decision was not in harmony with Department's final results.See Crawfish Tail Meat from the People's Republic of China: Notice of Court Decision Not in Harmony with Final Results of Administrative Review, 73 FR 61782 (October 17, 2008). There was no appeal of the CIT's decision to the U.S. Court of Appeals for the Federal Circuit filed within the appeal period. Therefore, the CIT's decision is now final and conclusive.
Amended Final Results of the Review
As the litigation in this case has concluded, the Department is amending theFinal Resultsto reflect the results of our remand redetermination. The revised dumping margin in the amended final results is as follows:
Weighted-Average Margin (Percent)
China Kingdom Import Export Co. Ltd.
The Department will instruct U.S. Customs and Border Protection (CBP) to liquidate entries of freshwater crawfish tail meat from the People's Republic of China during the review period at the assessment rate the Department calculated for the final results of review as amended. We intend to issue assessment instructions to CBP 15 days after the date of publication of these amended final results of review.
This notice is published in accordance with sections 751(a)(1) and 777(i) of the Act.
November 24, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.